^{Session 3: Bribery and Official Corruption}

Case scenario 

Background

Mr Daniel Sand is the Secretary for the Department of Personnel Management. He is the father of Ms Belinda Sand who is a new graduate from the University of the South Pacific with a bachelor’s degree in law.

Mrs Pauline Palm is the Human Resources Manager in the Department of Personnel Management. Mr Sand told Mrs Palm to remove one of the senior staff members in the Human Resources Division and place Ms Sand in the position as an in-house lawyer because there is a lot of legal work that needed attention. Mr Sand advised Mrs Palm that she would shortly receive a promotion if that matter was attended to.

Mr Philip Rock - who is not a lawyer - has been with the Department of Personnel Management for over 30 years. As a result of placing Ms Sand, Mr Rock lost the position he was holding. He is still in the public service but not attached to any specific department. Under the Public Services Management Act, Mr Rock can lodge a complaint to the Public Services Commission for it to investigate.

Questions

1. Identify from your jurisdiction any offence (identifying the relevant statute and section number) for which Mr. Sand could be charged?
2. List the elements that must be proved for the prosecution to succeed in this case.
3. Identify any potential defences, and their elements, that the State must exclude.

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